Rulings pertaining to the waiting period of a divorcee, if a divorce takes place after consummation, before consummation, and before being alone together.
a. After consummating the marriage:
The scholars are in consensus that the wife who was divorced after the consummation of marriage is obliged to observe the prescribed waiting period. This consensus has been transmitted by Al-Maawardee, Ibn Hazm, Ibn Al-Arabee, Ibn Qudaamah, Al-Qurtubee, and Ibn Taymiyyah.
b. Before consummating the marriage and after being alone together
The scholars are in consensus that the divorcee is entitled to the waiting period if she spent time alone with her husband and that this spent time alone together meets the requirements of privacy, even if the marriage was not consummated. This consensus has been transmitted by Hanafi, Maliki [214] The Maliki Madhab hold the view that the waiting period is not obligatory if the wife was alone in privacy with her minor husband, even if he is able to have intercourse. and Hanbali Madhabs, and it is the view of al- Shafi’i in his old Madhab, and it is the view of the majority of righteous predecessors, and some scholars reported that this is a matter of consensus.
c. Before consummating the marriage:
T The scholars are in consensus that the divorcee is entitled to the waiting period if a divorce takes place before consummating the marriage. This consensus has been transmitted by Al-Shafi’i, Al-Marwazee, Ibn Al-Munthir, Ibn Hazm, Ibn ‘Abd Al-Barr, Ibn Rushd, Ibn Qudaamah, and Al-Qurtubee.
2. The waiting period for the divorcee who menstruates
a. Duration of the waiting period for the divorced wife who menstruates
The scholars are in consensus that the waiting period for the divorced wife who is menstruating is three complete menstrual cycles (quroo’). This consensus has been transmitted by Al-Marwazee, Ibn Hazm, Ibn Rushd, Ibn Qudaamah, Al-Qurtubee, and Ibn Taymiyyah.
b. The meaning of menstrual cycles in respect of the waiting period of the divorcee who menstruates
The scholars differed on the intended meaning of menstrual cycles [215] The Arabic term used for this Qur’ (plural Quroo’) which is one of the words that can refer to two opposite meanings. With that said, it can be used to refer to the beginning or the ending of the menstrual cycle. . The first group holds the view that the term refers to when the woman enters her menses, i.e., the first day of menstruation. This is the view of Hanafi and Hanbali Madhabs; according to the more sound of the two reports transmitted from Imam Ahmad, it is the apparent view of Ibn Taymiyyah, Ibn Al-Qayyim, and Ibn ‘Uthaymeen, and it is the view of the majority of the righteous predecessors. The other group holds the view that it refers to when the woman becomes pure the last day of the period. This is the view of the Maliki and Shafi’i Madhabs, one of the reported views of Imam Ahmad, the view of Ibn Hazm and Al-Shinqeetee, and it is the view of some of the righteous predecessors.
c. The waiting period of the divorcee who menstruates if her menstruation has stopped due to breastfeeding.
The divorcee needs to observe three menstrual cycles as the waiting period if her menstruation has stopped due to breastfeeding, irrespective of how long it will take. This consensus has been transmitted by al-Qaadee Abd al-Wahhaab, al-’Umraanee, and Ibn Taymiyyah.
d. The waiting period of the woman who experiences istihaadah (irregular vaginal bleeding)
I. The waiting period of a woman who is suffering istihaadah and not uncertain [216] This refers to the woman who has a regular menstruation period or a woman who is able to recognize the vaginal bleeding from the menstruation blood. : The four Madhabs agree that the waiting period for a woman who is suffering istihaadah and is not uncertain needs to observe the menstrual cycles.
II. The waiting period for a woman who is suffering istihaadah and is uncertain [217] This refers to the woman who does not have a regular menstruation period or a woman who had one, but she forgot it, or who cannot recognize the vaginal bleeding from the menstruation blood.
The majority of scholars, namely Hanafi, Shafi’i, and the correct view according to the Hanbali Madhab, the waiting period for a woman who suffers istihaadah and is uncertain is a three-month period.
e. The waiting period of the divorcee who menstruates if her menstruation has stopped due to an unknown reason
The waiting period of the divorcee who menstruates but her menstruation has stopped due to unknown reasons is one year from the beginning of her menstruation’s cessation. This is the view of Maliki, Hanbali, and the old view of al- Shafi’i, the view of some of the righteous predecessors, the view of Ibn Taymiyyah, Ibn al-Qayyim, Ibn Baaz and some scholars reported that this is a matter of agreement by all scholars.
3. The waiting period of the divorcee who is pregnant, the wife who is past the age of childbearing, and the young wife who is not menstruated as yet.
a. The waiting period for the pregnant divorcee
The scholars are in consensus that the waiting period for the divorced wife who is pregnant ends upon delivering the child. This consensus has been transmitted by Ibn al-Munthir, al-Jassaas, Ibn Hazm, Ibn Abd al-Barr, Ibn Rushd, and Ibn Qudaamah.
I. Ending the waiting period after ascertaining that there is no pregnancy
The waiting period does not end after ascertaining that there is no pregnancy using medical means [218] Al-Quraafee said: “The waiting period is perceived to be more of an act of worship despite learning about the general rationale of its legislation, which is to ascertain that there is no pregnancy and to prevent lineages from becoming mixed. However, as [we know that] it is also obligatory upon the minor wife and the adult wife whose husband died or divorced her although it is certain that she is not pregnant because the husband is absent or for whatsoever reasons. For this reason, the waiting period is considered an act of worship and therefore the woman is obliged to observe it in al the required cases, regardless of whether the wife is pregnant or not”. [Al-Furooq: 3/204]. , according to the Permanent Committee.
b. The waiting period for the wife who is past the age of childbearing and the wife who is too young to have menstruation
The scholars are in consensus that the waiting period of the wife who is past the age of childbearing [219] The wife whose uterus was surgically removed, and her menstruation stopped because of that takes the same rulings as the wife who is past the age of childbearing. Hence, her waiting period should be three months. and the wife who is too young to have menstruation is three months. This consensus has been transmitted by Ibn Hazm, Ibn al-Arabi, Ibn Rushd, Ibn Qudaamah, Ibn al-Qayyim, and al-Zarkashee.
4. The waiting period of the divorcee whose husband has taken an oath not to have sexual relations with her.
The waiting period of the divorcee whose husband has taken an oath not to have sexual relations with her is the same as that of the divorcee, and the waiting period is not counted as of the time of her husband’s oath-taking. This is the view of the Hanafi and Maliki Madhabs, and it is reported to be the view of the majority of scholars.
5. The waiting period of the woman whose husband has divorced her during his terminal illness.
The scholars have differed on the waiting period of the wife whose husband issued an irrevocable divorce during his terminal illness and then died. The first group holds the view that she needs to observe whichever is the longer waiting period between the widow’s waiting period and the three menstrual cycles. This is the view of the Hanafi and Hanbali Madhabs, the view of al-Thawree, and the view of Ibn Taymiyyah. The other group holds the view that she needs to observe the divorcee’s waiting period. This is the view of the Maliki and Shafi’i [220] The Shafi’i Madhab made the ruling general without restricting it to her divorce during her husband’s terminal illness. Madhabs, one of the reported views of Imam Ahmad, and the view of some of the righteous predecessors.
6. The waiting period of the husband
a. If the divorce is revocable and the husband may take back his wife during the waiting period
If the husband is married to four wives and then he issues a revocable divorce for one of them, and he desires to marry another woman, then he is required to wait until the end of the waiting period of the wife he has divorced. Likewise, if he is married to one woman, then he issues her a revocable divorce, and if he wishes to marry four other women at the same time, then he is required to wait until the end of her waiting period. The same ruling applies if he wants to marry her sister, paternal aunt, maternal aunt, or the daughter of her brother or sister. This consensus has been transmitted by Ibn Abd al-Bar, Ibn Qudaamah, al-Qurtubee, and Ibn Taymiyyah.
b. If the divorce is irrevocable
If a husband is married to four wives and issued an irrevocable divorce to one of them, it is permissible for him to marry another wife during the waiting period of the woman he divorced, and he does need to wait for the end of her waiting period. Furthermore, it is permissible for him to proceed with his plan to marry her sister, paternal aunt, maternal aunt, the daughter of her brother, or the daughter of her sister without waiting for the end of her waiting period. This is the view of the Maliki, Shafi’i, and Dhahiri Madhabs, the view of some of the righteous predecessors, and the view of Ibn al-Munthir and Ibn ‘Uthaymeen.
7. Entitlement of the divorcee to maintenance and accommodation during her waiting period
a. If the divorce is revocable
The scholars are in consensus that the divorcee is entitled to alimony, and accommodation during her waiting period of the divorce is revocable. This consensus has been transmitted by al-Shafi’i, al-Jassaas, al-Maawardee, Ibn Hazm, Ibn Abd al-Barr, al-Baghawee, Ibn Rushd, Ibn Qudaamah, al-Nawawee, and Ibn al-Qayyim.
b. If the divorce is irrevocable
I. If she is pregnant
The scholars are in consensus that the pregnant divorcee is entitled to maintenance and accommodation during her waiting period. This consensus has been transmitted by Al-Kasaanee, Ibn Qudaamah, Al-Qurtubee, Al-Zarkashee, and Al-’Aynee.
II. If she is not pregnant
The non-pregnant divorcee is neither entitled to alimony nor accommodation [221] This is the view of the Maliki and Shafi'i Madhabs regarding maintenance. during her waiting period. This is the view of the Hanbali Madhab, the view of some of the righteous predecessors, the view of the Dhahiri scholars, and the favoured view of Ibn ‘Abd Al-Barr, Ibn al-Qayyim, al-San’aanee, al-Shawkaanee, al-Shinqeetee, and Ibn Baaz.
c. Entitlement to maintenance during the waiting period if separation is due to a defect: The majority of scholars [222] The Maliki Madhab states that she is entitled to accommodation, and if she is pregnant then she is also entitled to maintenance. As for the Shafi’i Madhab, she is only entitled to accommodation, regardless of whether she is pregnant or not. However, the Hanbali Madhab holds the view that she is not entitled to accommodation, but if she is pregnant, then she is entitled to maintenance. , namely the Maliki, Shafi’i, and Hanbali Madhabs, hold the view that the wife is not entitled to maintenance if she is separated from her husband because of a defect.
8. Leaving the house during the waiting period
a. If the divorce is recoverable
It is permissible for the divorcee whose divorce is revocable to go out of her house during the waiting period with the permission of her husband. This is the view of the Maliki [223] The Maliki Madhab is of the view that it is permissible for the divorcee, whether her divorce is revocable or irrevocable, to go out in the daytime during her waiting period even if it is not for necessary purposes, such as attending events. It also views it permissible for her to go out at the two ends of the day, i.e., before the time of ‘Ishaa and at the time before daybreak, near dawn time. and Shafi’i [224] The Shafi’i Madhab holds the view that the wife should not go out without her husband’s permission or only if there is an emergency or necessary need. Madhabs, one of the views of the Hanbali Madhab, and the favourable view of al-Shawkaanee and Ibn ‘Uthaymeen.
a. If the divorce is irrevocable
It is permissible for the divorced wife whose divorce is irrevocable to go out of her house during the daytime, during the waiting period, to fulfil her necessary needs [225] This includes her going out to study or work. . This is the view of the Maliki [226] The Maliki Madhab is of the view that it is permissible for the woman, whether her waiting period is due to the death of the husband or the revocable or irrevocable divorce , to go out in the daytime even if it is not for necessary purposes, such as attending events. It also views it permissible for her to go out at the two ends of the day, i.e., before the time of ‘Ishaa and at the time before daybreak, near dawn time. , Shafi’i, and Hanbali Madhabs.
9. Staying overnight in a place other than the divorcee’s own house during the waiting period [227] It is permissible for the wife who is observing her waiting period to stay in a house other than her own house, if there is a necessity.
a. If divorce is revocable: The four Madhabs agree that it is obligatory for the divorced wife whose divorce is revocable to stay in her marital home [228] It happens to find some women, encouraged by their friends and even family members, to leave their marital home once the husband issues her a revocable divorced. Oftentimes, they justify their action by claiming that staying in the house after her husband has divorced her is like adding insult to injury. However, they fail to realise that doing so is an explicit disobedience to Allah’s command who orders them to stay in their husband’s house, which Allah has legislated to increase the chances of her reunion with her husband. during the waiting period.
b. If divorce is irrevocable: The divorced wife whose divorce is irrevocable can observe her waiting period at whichever house of her liking [229] If she chooses a house to observe her waiting period in it, then she is obliged to stay in it. And if she remains in the house of the husband who divorced her, then she needs to observe wearing the hijab in his presence, and it is not permissible for him to be alone with her, because she became a non-mahram woman for him. , and it is not obligatory upon her to stay in the house of the husband who divorced her. This is explicitly stated by the Hanbali scholars, Ibn ‘Uthaymeen, and some of the righteous predecessors, and it is the view of Ibn ‘Abd al-Barr from the Maliki Madhab, the view of the Dhahiri scholars, Ibn al-Qayyim, al-Sana’aanee, al-Shawkaanee, al-Shinqeetee, and Ibn Baaz.